LGBT Veterans Forced to Leave The Army For Being Gay Will Receive £70K as Compensation

After issuing LGBT veterans an apology in the House of Commons, the government revealed that those eligible could receive up to £70,000 in compensation. This comes following decades of gay discrimination in the armed forces, where individuals were subjected to harassment and imprisonment because of their sexual orientation.

Read on as we examine the specifics concerning the compensation available and the treatment gay military veterans suffered. We will discuss the cases of real-life individuals before examining what needs to be done to rectify the historical wrongdoings.

If you believe your workplace neglects LGBT inclusion and has breached your rights, reach out to us immediately. Redmans Solicitors are employment law specialists who provide expert legal advice. Following a quick consultation, we can advise on your possible next steps and guide you through the legal process, should you be eligible.

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Compensation Opens for LGBT Veterans Dismissed Under Pre-2000 Ban

Since 13 December 2024, LGBT veterans who were dismissed from the armed forces under the pre-2000 “gay ban” can apply for compensation. Gay veterans eligible for the damages will receive a base payment of £50,000. Should they have endured harassment, invasive investigations, or imprisonment because of the ban, they could receive up to £20,000 in additional payments.

After the government previously labelled the discrimination against LGBT veterans “an appalling failure” by the State, this remedy looks to provide some justice. Where the compensation initially proposed would have reached £50 million in total, recent enhancements mean it will now surpass this by £25 million. In a move beneficial to those affected, these compensatory payments will be exempt from income tax and will not affect means-tested benefits.

The History of Discrimination Against LGBT Veterans

A crackdown on members of the LGBT community serving in the British armed forces came about in the mid-20th century. At such time, laws were introduced castigating gay veterans because of their sexual orientation. While this ban was lifted at the start of the new millennium, decades of discrimination against LGBT veterans left thousands severely impacted.

Was it Illegal to be Gay in the British Army?

In the 1950s, the Army Act 1955, the Air Force Act 1955, and the Naval Discipline Act 1957 all criminalised homosexuality in the British armed forces. These laws labelled homosexuality as “conduct of a cruel, indecent or unnatural kind,” punishable by imprisonment. Sadly, even if those affected didn’t face prison, they often experienced harassment before being dismissed.

When was Homosexuality Legalised in the UK Army?

Although homosexuality began to be decriminalised for civilians in 1967, this did not extend to the military. Even when it was no longer considered a crime in the armed forces from 1994, it remained a sackable offence. Things changed, though, following a landmark ruling by the European Court of Human Rights, meaning the LGBT community could begin to serve from January 2000.

Stories of Resilience: Gay Veterans Speak Out on the Impact of the Ban

Stephen Close was one of the many LGBT veterans who suffered due to the gay ban. During his service, he faced invasive investigations and was convicted of “gross indecency” after kissing another man in Berlin. Unfortunately, this meant he lived as a registered sex offender for 30 years, hindering his career and personal life.

While Mr Close was pardoned in 2013, the consequences of his conviction remain. He said, “Because of my criminal record, I’ve had to go from job to job. I’ve built no pension whatsoever… It’s just been a constant struggle all my life.”

Another of the gay military veterans who suffered during this period was Royal Military Police (RMP) soldier Kate Green. She explained how she had to hide her sexuality and live a double life, sometimes being required to investigate soldiers over their sexual orientation.

While being in the army was her dream, she made the difficult decision to leave in 1998, just two years before the ban was lifted. After being warned she was “at risk of being found out”, and with no lifting of the ban in sight, she felt it was the only way to avoid family disappointment.

Advancing LGBT Inclusion in the Armed Forces

Thankfully, it appears the armed forces are heading in the right direction concerning LGBT at work. Today, LGBT service members are legally allowed to serve openly, with same-sex couples enjoying the same rights and entitlements as their heterosexual counterparts. What’s more, since 2008, all three services of the British armed forces have participated in Pride events!

However, while significant progress has been made, there’s still a way to go before LGBT inclusion is fully achieved. Many LGBT veterans still grapple with the historical impacts of gay discrimination, and it will be up to the government to ensure the compensation process is transparent and equitable.

Furthermore, even after compensation has been provided, access to mental well-being services remains crucial. For veterans like Kate Green and Stephen Close, the treatment they experienced can leave lingering scars. Those affected must be fully supported, and public recognition of the harm done is essential.

Finally, while policy shifts are evident, creating a truly inclusive environment for the LGBT community demands more. Consistent training, which informs the workforce about expected behaviour and the repercussions of misconduct, is a vital step towards inclusion. Among other things, taking accountability for one’s actions and fostering transparent reporting mechanisms can also help achieve this goal.

Tackling Discrimination: Understanding Rights and Actions for LGBT at Work

The shocking reality faced by thousands of LGBT veterans reflects broader issues concerning gay discrimination in the workplace. Whether overt or covert, discrimination creates hostile environments where progression and employee mental health suffer.

With this in mind, it’s essential individuals understand their rights and know when to take action. In doing so, they will protect themselves and help foster a more inclusive workplace environment.

Under the Equality Act 2010, discriminating against someone because of their protected characteristics such as sexual orientation is prohibited. As a result, employers must not treat an individual less favourably, like sacking them or denying them a promotion, simply because they’re gay.

If an individual faces less favourable treatment because of their sexual orientation, there are several actions they can take. First, it’s wise to keep detailed records of the discriminatory behaviour experienced. This can prove essential when defending their position should the matter become contentious.

Once evidence has been gathered, the individual should attempt to resolve the matter internally. Depending on the severity of the issue, this could occur informally, like speaking with one’s manager, or formally, by raising a grievance. In either scenario, stressful legal action would be avoided, but raising a grievance places greater obligations on the employer.

However, should internal dispute resolutions fail, the individual could file an employment tribunal claim. They would first need to undertake ACAS early conciliation and satisfy specific eligibility criteria, but once complete, they could proceed. Should they succeed with their claim, they could be awarded compensation.

Get Help With Redmans

If you have any questions or are faced with something similar to the LGBT veterans, reach out now. Redmans Solicitors are employment law specialists, and following a quick consultation, we can advise you on possible next steps. We can also assess your eligibility to claim compensation and assist you through the process if you’re eligible.

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